Julien Jo v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Julien Jo,
2. Clara Jancy, ... Petitioners/Accused No. 1 & 2 Vs The Inspector of Police, Keeranur Police Station, Pudukottai District.
Crime No.217 of 2024.
... Respondent/Complainant For Petitioners : Mr.Michael Stanis Prabhu, Advocate. For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime no.217 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners /Accused, who apprehend arrest at the hands of the respondent 1/5
police for the offences punishable under Sections 325 and 351 (3) BNS, 2023, in Cr.No. 217 of 2024, seek anticipatory bail.
2. The case of the prosecution is that the petitioners had inflicted injuries on the calf of the defacto complainant and also threatened the defacto complainant. Hence, the complaint.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the facts and circumstances of the case and also considering the fact that subsequently, by treatment, the calf was saved and considering the argument of the learned counsel for the petitioner that the first petitioner will file an undertaking affidavit to serve as an Assistant in the veterinary hospital for a period of one week, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions.
5. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Keeranur, Pudhukottai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, 2/5
who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:
(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the first petitioner shall file an undertaking affidavit, to serve as an Assistant in the Government Veterinary Hospital, Trichy, for a period of one week, before the respondent police as well as the satisfaction Court. Upon such undertaking, the first petitioner will be enlarged on anticipatory bail; the second petitioner shall report before the respondent police daily at 10.30 am for a period of one week and thereafter as and when required for interrogation;
(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioners shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 3/5
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 27/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE KEERANUR, PUDHUKOTTAI, 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE KEERANUR POLICE STATION, PUDUKOTTAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE OFFICER INCHARGE GOVERNMENT VETERINARY HOSPITAL, TRICHY.
4/5
+1 CC to M/s.S.ASHOK, Advocate ( SR-10467[I] dated 28/08/2024 )
ORDER
IN CRL OP(MD) No.14084 of 2024 Date :27/08/2024 PSP/ SG /SAR /11.09.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5